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MENTAL HEALTH ACT 2016 - SECT 743
Restrictions on disclosing victim impact statement
743 Restrictions on disclosing victim impact statement
(1) The tribunal must
not disclose the victim impact statement to the person the subject of the
review unless the victim or close relative asks that the statement be
disclosed to the person.
(2) Despite a request mentioned in subsection (1) ,
the tribunal may, by order, prohibit the disclosure of the victim impact
statement to the person if satisfied the disclosure may adversely affect the
health and wellbeing of the person.
(3) A person must not contravene an order
made under subsection (2) unless the person has a reasonable excuse.
Penalty— Maximum penalty—200 penalty units.
(4) This section does
not prevent the tribunal disclosing the victim impact statement to a lawyer of
the person the subject of the review if satisfied the disclosure is in the
best interests of the person.
(5) Subject to subsection (3) , the person’s
lawyer may disclose the victim impact statement to the person only if the
victim or close relative asks that the statement be disclosed to the person.
(6) The person’s lawyer must not disclose the victim impact statement to the
person in contravention of subsection (5) unless the lawyer has a reasonable
excuse. Penalty— Maximum penalty—200 penalty units.
(7) In this
section—
"lawyer" , of a person, includes another representative of the person.
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